Including But Not Limited To Meaning Legal

In this agreement references to includes including including but not limited to including without limitation and words or phrases of similar import shall be deemed to have the same meaning and the words includes s and including shall not be deemed to be terms of limitation but rather be deemed to be followed by the words.

Including but not limited to meaning legal. Likewise whilst no one seriously believes that including implies exhaustiveness to any reasonable extent many drafters have adopted a policy of preventing such an interpretation by adding but not limited to or without limitation or by specifically providing that includes or including is not limitative. It isn t really necessary as a simple including has the same legal force. It is excessive to do this. Any applicable common law theory.

Or any applicable federal state or local statute regulation or other legal requirement. The confidential information agreement. Legal dispute means a dispute about legal rights or legal obligations including but not limited to any rights or obligations arising under this employment agreement. Any applicable legal or equitable doctrine.

The willingness of courts to use including or includes to restrict the meaning of a preceding noun has prompted perhaps a majority of drafters to resort to the phrases including without limitation and including but not limited to and their equivalents using includes. The aim is to make it clear that the unrestricted meaning applies. The word including doesn t suggest exclusivity so the not limited to is superfluous. Then you rigorously avoid the cumbersome phrasing each time you want to introduce examples.

Will judges take such a definition seriously. The best simple solution is to define including as meaning including but not limited to in every legal instrument in which the word is used among the housekeeping provisions. Since it introduces uncertainty as to what a term refers to it is good for the purposes of a drafter wanting an expansive interpretation that could include non obvious examples.